TAKE A STAND Ballots Measure Advocacy for Nonprofits Presented by &

Founded in 2005, Nonprofit VOTE partners with America's nonprofits to help the people they serve participate and vote. We are the leading source of nonpartisan resources to help nonprofits integrate voter engagement into their ongoing activities and services. Visit our website for more on our mission and partners: ABOUT NONPROFIT VOTE About

TODAY’S PRESENTERS Who Abby Levine Director Bolder Advocacy, AFJ

Bolder Advocacy promotes active engagement in democratic processes and institutions by giving nonprofits and foundations the confidence to advocate effectively and by protecting their right to do so. Our goal is to demystify and decode advocacy by equipping organizations with knowledge and tools. We help organizations fully understand the rules and become assertive in their right to pursue their policy goals. Bolder Advocacy is an initiative of the Alliance for Justice – a national association of more than 100 organizations that are united by a commitment to a fair, just, and free America where everyone has equal access to justice and can fully participate in our democracy. To learn more about our work on justice issues, visit AFJ.org.

How much lobbying can we do? What is the definition of lobbying and how does it apply to ballot measures? Are there any lobbying exceptions for ballot measures? How can we ensure our ballot measure advocacy is nonpartisan? Agenda AGENDA

Federal Law –Limits lobbying (including ballot measures advocacy) at all levels of government. State law –May require disclosure of state ballot measure advocacy. Federal/ State FEDERAL AND STATE LAW

Drafting Gathering signatures for petitions Supporting / opposing ballot measure Voter registration and GOTV Activities RANGE OF ACTIVITIES

COMPARING NONPROFITS Comparing Nonprofits

Collabor- ating 501(c)(3)501(c)(4)Political Orgs Examples Alliance for Justice LCV Education Fund AFJ Action Campaign LCV Connected/SSF: LCV PAC Independent: Emily’s List Tax Treatment Tax-Exempt Donation Tax-Deductible Private Foundation Grants Tax-Exempt Lobbying Activities Unlimited Rare and usually taxable Electoral Activities Secondary Activity, Follow Federal and State Law Usually Sole Activity Limited Cannot Support or Oppose a Candidate for Office

HOW MUCH LOBBYING? How Much Lobbying?

What is “insubstantial”? Default test Activities-based Lobbying not defined Penalty How Much Lobbying? THE “INSUBSTANTIAL PART” TEST

Dollar-based limits One-time election – IRS Form 5768 Expenditures only Definition of lobbying Penalty less severe How Much Lobbying? THE 501(h) EXPENDITURE TEST

Calculate organization’s “exempt purpose expenditures” (usually annual expenditures) Overall lobbying limit Grassroots lobbying limit is 25% of overall limit How Much Lobbying? CALCULATING A LIMIT UNDER 501(h)

How Much Lobbying? ANNUAL EXPENDITURESOVERALL LOBBYING LIMIT $500,000 or less20% $500,000 to $1 million$100, % of excess over $500,000 $1 million to $1.5 million$175, % of excess over $1 million $1.5 million to $17 million$225, % of excess over $1.5 million Over $17 million$1,000,000

Total lobbying limits for 501(c)(3)s –making the 501(h) election –with annual expenditures of $500,000 How Much Lobbying? EXAMPLE Overall Lobbying Limit Grassroots Lobbying Limit $ 100,000 $ 25,000

WHAT IS LOBBYING? What is lobbying?

Communication The Special Legislator rule – Members of the public are legislators Expressing a view about specific legislation What is lobbying? DIRECT LOBBYING

Communication General Public Expressing a view about specific legislation Call to Action Does not apply to ballot measures What is lobbying? GRASSROOTS LOBBYING

Nonpartisan analysis, study, or research Request for technical assistance Self defense Examinations and discussions of broad social, economic, and similar problems Exceptions LOBBYING EXCEPTIONS

MUST –Full and Fair Discussion –Broadly Disseminated SHOULD –Avoid directly encouraging recipients to vote for or against measure Exceptions NONPARTISAN ANALYSIS The Facts: Californians have a lot of important decisions to make on election day, November 8. Before you vote, be sure you get the facts. Proposition 188 is a good example. Do you know what will happen if it passes? Do you know who’s behind it? Who opposes it? Who the major contributors are on each side? You have the right to know about Proposition 188. Read your official voter handbook before you decide.

MUST –Invitation in writing on behalf of Body or Committee –Available to all members of Body or Committee MAY –Express a view on specific legislation Exceptions TECHNICAL ASSISTANCE

NONPARTISAN ADVOCACY Advocacy

No support or opposition for candidates running for public office Advocacy NONPARTISAN ADVOCACY

Supporting/opposing Ballot Measures Issue Advocacy –Advocating for organizations issues during election year Voter Education –Educating voters in a nonpartisan way about candidates Nonpartisan Activities NONPARTISAN ELECTORAL ACTIVITIES

Voter Registration –Registering historically under-represented groups –May register to vote for or against a ballot measure Individual & Business Activities –Ensuring partisan activities are not attributed to the organization Advocacy Capacity –Increase the organization’s capacity by opening affiliated organization Nonpartisan Activities NONPARTISAN ACTIVITIES (CONT)

Contribute Provide mailing list Host a fundraising event (must inform donors that contributions are not tax deductible) Nonpartisan Activities COORDINATION

CAMPAIGN DISCLOSURE Disclosure

resources

Disclosure

QUESTIONS? ??????

Factsheets and Guides available from – – Resources RESOURCES

Nonprofit Vote 2464 Massachusetts Ave Suite 210 Cambridge, MA AFJ Washington DC HQ: 11 Dupont Circle NW, 2nd Floor Washington, DC Phone: (202) Fax: (202) AFJ Northern California Office: th Street, Suite 425 Oakland, CA Phone: (510) Fax: (510) AFJ Southern California Office: 1000 N. Alameda Street, Suite 340 Los Angeles, CA Phone: (213) Fax: (213) AFJ Texas Office: Alliance for The Grove 501 Elm Street, Suite 450 Dallas, Texas Phone: (214)